ENFORCEMENT Well Construction Program

ENFORCEMENT
Well Construction Program
IS THIS THE BEST APPROACH?
EDUCATION
+
Goal =
COMPLIANCE
ENFORCEMENT
1. Host contractor meetings
2. Attend MGWA district meetings
3. Visit contractors’ shops
4. Visit well suppliers
5. Send contractor newsletter
6. Attend MGWA annual convention
7. Attend technical training events
1. Maintain field presence
2. Correction orders
3. Local civil fines & prosecution
4. Licensing action by DEQ
5. Criminal investigation
ENFORCEMENT PRINCIPLES
CONSISTENT
Uniform policies, procedures, and
interpretations.
FAIR
Enforcement action & penalty
reasonable & appropriate.
TIMELY
Minimal time between discovery and
correction order & correction and
reinspection.
> Lack of Communication
> Lack of Understanding of Code
> Competition/$$$ Incentives $$$
> Lack of Regulator Field Presence
> Opposition to Industry Regulation
LHDs
•INSPECTIONS
•CORRECTION ORDERS
•CIVIL PENALTIES
ORDINANCE)
•SEEK PROSECUTION
(BY
DEQ
•CONDUCT REGISTRATION
ENFORCEMENT ACTIONS
•ASSIST LHDs WITH
ENFORCEMENT ACTION
•ATTAIN STATEWIDE
CONSISTENCY
•REFERRAL TO OCI,
IF NEEDED
COMPLAINT
INVESTIGATION
LHDs are to investigate all written
well driller/customer and drinking
water complaints.
“Stay out of financial matters between
the contractor and the well owner.”
The DEQ can help with complaint investigations
Coliform problem in Roscommon County
Sand pumping well in
Monroe County
Checking open
annulus on
irrigation well in
Allegan County
Checking for
flowing well in
Macomb County
Stuck drill rods
in abandoned
well in Isabella
County
Methane investigation in
Livingston County
COMPLAINT
INVESTIGATION
CORRECTION ORDER
Determine who is the
RESPONSIBLE PERSON??
OWNER
OR
WELL DRILLING
CONTRACTOR
DOCUMENT...
DOCUMENT...
DOCUMENT.
CC: DEQ
Environmental Health
Programs Unit
1
Violation
observed
4
2
3
Statute/rule
violated
Deadline for
correction
Method of
correction
5
Penalty for
noncompliance
Examples of POOR DOCUMENTATION
on correction orders
• “well was not properly
grouted…grout the well as soon
as possible”
• “well log is late, submit log”
• “well not 50 foot”
• “unapproved sample tap…fix
sample tap”
• “your well has coliform bacteria
in it, contact the driller”
Before the DEQ can take an
enforcement action against a
contractor, LHDs need to send
correction orders & document.
CORRECTION
ORDER
Send to Registered Contractor
cc:
Property owner
DEQ, Environmental Health Programs Unit
Regular Mail
Registered Mail:
Return
Receipt
Requested
FOLLOW-UP
PROMPTLY
on
CORRECTION ORDER
DEADLINES
REINSPECT ASAP
Some hard work
in the beginning
will pay off in the
long run.
Those LHDs that take the time to send correction
orders and follow-up properly tend to have the
most compliant contractors.
What if the contractor
doesn’t comply with the
correction orders?
Good first step:
“LHD/Driller Meeting”
*DEQ will attend, if requested
But what if the contractor
STILL won’t comply?
What are the options to
gain compliance?
1. LHD can issue civil fines
2. LHD can go to District Court to
prosecute as a misdemeanor
3. DEQ can take administrative action
to revoke the certificate of
registration
4. DEQ can go to the Attorney Generals’
office for enforcement
WHEN IS DEQ ADMINISTRATIVE
ACTION APPROPRIATE?
EXCESSIVE
CUSTOMER
COMPLAINTS
PATTERN
OF
NONCOMPLIANCE
UNETHICAL
PRACTICES
FAILURE TO
RESPOND TO
CORRECTION
ORDER(S)
SERIOUS
HEALTH
THREAT
DEQ CAN DENY
Refusal of DEQ to process
registration application
*DEQ may initiate an
enforcement action
based on a pattern of
noncompliance in
multiple jurisdictions.
STEP #1: NOTICE OF INTENT TO REVOKE
CERTIFICATION OF REGISTRATION
 Prepared by DEQ with
LHD input
Informs contractor of
licensing action
 Cites violations
(statutes/rules)
 Sets date & location of
informal conference
DEQ MUST
PREPARE
ENFORCEMENT
CASES TO
WITHSTAND
SCRUTINY OF
COURT
REASONS WHY SOME
EVIDENCE CAN’T BE USED
•
•
•
•
•
Lack of documentation
Improper correction orders
No follow-up on orders
Loss of documentation - well logs
Lack of (or illegible) date stamp on well logs
STEP #2 - INFORMAL CONFERENCE
Opportunity for
contractor to show
compliance
Held at DEQ
Good opportunity for
resolution
Informal Conference Overview:
1. DEQ reviews each violation from the NOI
2. Driller has opportunity to respond to each
allegation
3. LHDs provide background info, if needed
4. DEQ and LHDs discuss offering a Consent
Agreement
5. Consent Agreement is presented to driller
-DEQ or Driller may decide not to pursue a CA-
Contract between DEQ and contractor
CAN BE USED AT:
Pre-informal conference
Informal conference
Formal hearing
Correction
schedule
Training
Monetary penalty
Future compliance
Acknowledgement
of code violation
Restitution
Suspension
Other provisions
as agreed upon
LHD
DETERRENT TO
CODE VIOLATION
OFFSET PROFIT FROM
NONCOMPLIANCE
REIMBURSE LHD’s
INVESTIGATION COSTS
MONETARY PENALTY EXAMPLES
$250 – Well records, rig identification,
notify owner of need to sample
$500 – Local codes (no permit), sand
pumper, pressure relief valve, sample tap
$750 – Isolation distance, grouting, flow
control, disinfection, plugging
$1000 – Correction order noncompliance,
false information
The DEQ collects more monetary
penalties for well record violations
than any other violation.
Office of Criminal Investigations
“Investigative and law enforcement
specialist for the DEQ”
Referrals for: criminal actions, some
well code violations
Examples: unregistered contractors,
falsification of documents, etc.
www.michigan.gov/deqwaterwellconstruction
1. Contractor Name
& Business Name
2. Registration
Number
3. Type of Violation
4. Outcome